W. Va. Code R. § 85-11-16
Pursuant to the Freedom of Information Act, W. Va. Code § 29B-1-1, et seq. and W. Va. Code § 23-1-4(b), all of the evidence and records submitted during a hearing or proceeding under this rule, or as part of a stipulation, except insofar as those records contain confidential medical information or other information confidential to a workers' compensation claimant, employer, or other person or entity shall be subject to public inspection and copying; except that, if under the rules of evidence certain testimony or documentary evidence may be deemed privileged or confidential and placed under seal, then upon such a ruling by the hearing officer, such testimony or documentary evidence shall not be disclosed. If the privileged or confidential information cannot be excised from a record, then the record as a whole will be deemed confidential and sealed; however, the Commissioner shall release in its place a statement explaining in detail the basis for the withholding of the record.
W. Va. Code R. § 85-11-16